The recently passed New York State budget bill including sweeping new protections for independent pharmacies facing PBM audits. The bill, which amends the Public Health Law, requires PBMs, when conducting audits, to accept purchase invoices from a broader range of wholesalers and distributors. This provision is notable as PBMs frequently refuse to credit invoices from valid wholesalers approved to operate in New York State.Some additional key provisions include:
The new law is by far the most significant PBM-targeted legislation passed by New York State in recent memory. The additional protections afforded by the law are a welcome change for independent pharmacies facing the constant threat of abusive PBM audits.
If you are in need of expert legal counsel regarding a PBM audit of your pharmacy, do not hesitate to contact our knowledgeable and experienced attorneys in our Audit Practice Group at 212-668-0200 or by email at email@example.com.